Exam 2: The Initial Interview

It is better to do a conflict-of-interest check after the client interview rather than before it.

"What do you mean by the phrase 'high as a grasshopper's knee'?" is a good interview question.

In regard to scheduling the initial interview, it is best to

In planning any initial interview, what special needs should be anticipated? List three.

List and define the elements of negligence and related defenses.

A boat strays into the swimming area of a lake. A swimmer sees the boat, but swims directly in front of it to retrieve a beachball and is injured when the boat hits him. The boat operator has the defense of

Is the client going to be the one who is suing or being sued in a contingent fee agreement? Explain.

An event can be a contributing cause of an injury without being the proximate cause.

That aspect of law that defines the rights of individuals and the duties owed one person by another is the definition of

Because each case is unique, interview form questions are not helpful.

Since the Forrester case involves patient medical information, review your state's (and federal) requirements for the release of medical records and other medical information and prepare the document for Mrs. Forrester's signature.

Develop your own checklist of the items you will need at the interview site. Such a checklist will be a quick reference for preparing your office or a conference room for the interview. Include the necessary forms and directions. Place this material in the systems folder.

Duty of care is an element of negligence.

Prepare a letter to Mrs. Forrester summarizing both the firm's and her responsibilities in the course of her representation. Remember to consider including information, such as who to contact if questions arise, the need for cooperation in gathering information for the case, and confirmation of best methods of contacting the client, for example. Be creative and locate sample letters from the Internet, law firms, and formbooks.

Individuals have a duty not to create an unreasonable risk of harm to others.

Explain how to develop an interview form.

Identify and define the four legal elements that must be proved by the plaintiff in a negligence case.

Your firm is handling a wrongful death case for the plaintiff. Since the deceased is not available to testify, how can you introduce the human factor into the case? Who would you interview and what information would you want to gather? What information would you gather in other ways? Now assume you work for the defense. What information would you gather and how would you gather it?

Prepare a list of the interview techniques in step 8 for your systems folder. Add any techniques suggested by your instructor.

Mrs. Forrester has decided to hire your law firm to represent her in the personal injury lawsuit she intends to filed against Richard Hart and Mercury Parcel Service, Inc. Your attorney has asked you to prepare the fee agreement between the firm and Mrs. Forrester. Draft the document in accordance with the legal requirements in your jurisdiction.